Elder v. Holloway

975 F.2d 1388 Charles K. ELDER; Beverly S. Elder, husband and wife, Plaintiffs-Appellants, v. R.D. HOLLOWAY; Other Unknown Employees and/or Agents, individually and in their official capacity as police officers for the Ada County Sheriff's Office, et al., Defendants-Appellees. No. 91-35146. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1991. Decided Dec. 19, 1991. As Amended Sept. 17, 1992. John Charles Lynn, Lynn, Scott & Hackney, Boise, Idaho, for plaintiffs-appellants. James J. Davis, Boise, Idaho, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges. RYMER, Circuit Judge: 1 This is a 42 U.S.C. § 1983 action in which Charles Elder claims that his constitutional right not to be arrested inside his home without a valid Idaho warrant was violated when law enforcement officers, after setting up armed surveillance, called him to come outside the house and arrested him on the porch. In opposition to the officers' motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly…